North Carolina Governor Vetoes Malpractice Cap

Malpractice Insurance Agency blogged previously about how in early June, North Carolina become the latest state to pass a bill that caps the amount of non-economic damages that a plaintiff can be awarded in a medical malpractice lawsuit.  However, last week, Governor Beverly Perdue short-circuited the North Carolina Senate’s bipartisan compromise by vetoing the bill.  According to Governor Perdue, she would sign an amended package of legislators develop one upon reconvene.  Perdue believes the bill as currently constructed is unbalanced as it does not allow for an exception to those who are catastrophically injured and seek damages in a medical malpractice lawsuit.

Trial lawyers and patients certainly see this veto as a victory, while doctors and malpractice insurance companies perceive it as a setback.  One benefit that many proponents of the bill propounded was that it would attract surgeons and other physicians to the North Carolina area, as their medical liability insurance premiums could be lower and their risk exposure to malpractice claims would also be reduced.

Both the North Carolina Medical Society and the North Carolina Hospital Association issued a joint statement expressing their desire that lawmakers override Governor’s veto, saying the bill was already a careful compromise.   Although the Senate passed the bill by a wide margin, the margin in the House was not as great and signals that the North Carolina legislature would not likely be able to override the governor’s veto.

According to the National Conference of State Legislatures, over 30 states have a limit or cap on damages in medical liability cases.  Malpractice Insurance Agency works with surgeons and doctors in North Carolina as well as the other 49 states and understands the unique malpractice insurance needs of physicians in each location.  Request a free quote comparison of malpractice policies from the top insurance companies and review that comparison with one of our experienced agents.  You may be able to find a less expensive medical liability policy or find one that offers your practice better coverage.

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